The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-03-18

LYcomNo COUNTY.
Judge Hugh H. Cummin Of Will
Transport in granting and rejecting ap
plicatiors for license, gave an impor
tant general oral opinion that is con
sidered 3 noteworthy one by the bar
In suspending a number of applica
tions for further information and con
sideration the court delivered substan
tally the following opinion:
Notwithstanding much has beer
said from time TO time by the court,
on the subject of contested licenses
there still remain much apprehension
and haziness about the real points al
issue in such cases. Courts are just az
much bound to grant licenses in prop.
er cases as they are 10 refuse licenses
in improper cases. Courts do not
make the law. Their only function is
TO administer it. What are the ques-
tions involved in 3 contested license
casei The applicant must in the
manner prescribed, present in his pc.
tition the following facts: First that
he is man of good repute for honesty
and temperance second, that he has
accommodations required by law +;
third, that his house is necessary TO &C
commodate the public and to entertain
strangers and travellers.
"The statute also provides that il
shall be lawful for the court to hear
remonstrances against such application.
1t follows that such remonstrance must
traverse all or some of the facts alleged
in the petition, and should, in substance
at least, set forth that the applicant
is not person of good repute for hon
esty and temperance, or that the appli-
cant has not the accommodations re-
quired by Law, or that the applicants
house is not necessary 10 accommodate
the public and to entertain strangers.
"Thus we discover that the questions
to be determined are questions of fact,
not questions of political economy, not
questions Of morality, not matters Of
sentiment. The points before stated
are the only ones that can arise in the
controversy, and are the only ones the
court can pass upon. This is true not
only from the manner of the procedure
but because the statute of April IA,
1859, section l, decides that .he sever
al courts of quarter sessions empower
ed to grant licenses shall have and e6-
ercise such discretion, and no other
"The point of issue being thus clear
ly defined, how shall the facts on which
the court is to act be presentedi This
is easily answered as to the first
and second points, because they are
susceptible of positive proof, but how
shall they be presented as to the third
point : The necessity of the house !
Just bere it may be observed that on
this point the court is not called upon
nor has it authority, to decide whether
it is better that such public house
should or should not sell in
toxlcating drinks. The only question
before the court is whether such licens-
ed house is necessary for the accomo-
dation of the public, and the entertain.
ment of strangers ard travellers.
"When the application is for house
not before licensed, perhaps the only
evidence of its necessity is to be found
in the papers filed, having due regard
to the number aud character of the
petitioners and remonstrants. Such a
case, however, should not be determin-
ed by merely counting the number of
petitioners and the number of remon
strants, and deciding in accordance
with the preponderance of numbers.
That method would clearly meet the
important rule, viz, the characters OF
the signers. By the word character,
as here used, Is not meant only the
moral and religious standing Of the
signers, but their probable knowledge
of the subject on which they speak
and their ability to form an opinion
thereon.
"When persons sign petition for or
a remOustrance against a license, touch
ing the point of the necessity of the
house, they say to the court, We know
that public houses are needed for the
accommodation of the public and the
entertainment of strangers and travel
ers in our township, ward or borough,
and we have the ability to form and
express an opinion on that subject.
On this the signers have some know
ledge of that subject, and some ability
to form an opinion thereon, and do
form an opinion. Signatures to the
petition or remonstrance are therefore
to be valued by their number, by the
character of the signers, and having
regard to their knowledge of the sub
jec. and their ability to form an
opinion thereon"
The court has ordered that in all
suspended license applications the ap-
plicants must file affidavits setting
forth the number of lodgings and meals
furnished by them the past year, hold
ing that with such proof in the case
the question cf the necessity of the
house would be of easy solution. 1t
is inferred that houses which have
not been patronized for lodgings and
meals do not come under the require
ments emitting applicants to license
will be refused. The items of meals
do not include free lunches, cheese,
crackers, preizels, &c, furnished with
drinks. The court holds that general
remonstrances are of no value and that
only citizens of the township, ward or
borough in Shich the house is located
should sign petitions or remonstrances.